United States v. Givens

MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT
PRETRIAL CONFERENCE

ROBERT
E. LARSEN United States Magistrate Judge.

Pursuant
to the order of the Court en banc of the United States
District Court for the Western District of Missouri, a
pretrial conference was held in the above-entitled cause
before me on November 16, 2016. Defendant Darrell Givens
appeared in person and pro se. Kurt Marquart appeared as
stand-by counsel. The United States of America appeared by
Assistant United States Attorney Mike Green.

I.
BACKGROUND

On
April 20, 2016, an indictment was returned charging defendant
with one count of possessing PCP with intent to distribute,
in violation of 21 U.S.C. §§ 841(a)(1) and
(b)(1)(C); one count of possessing a firearm in furtherance
of a drug trafficking crime, in violation of 18 U.S.C. §
924(c); and one count of possessing a firearm after having
been convicted of a felony, in violation of 18 U.S.C.
§§ 922(g)(1) and 924(e).

The
following matters were discussed and action taken during the
pretrial conference:

II.
TRIAL COUNSEL

Mr.
Green announced that he will be the trial counsel for the
government. The case agent to be seated at counsel table is
Detective Eric DeValkenaere, Kansas City, Missouri, Police
Department.

Defendant
announced that he will be represent himself at trial.

III.
OUTSTANDING MOTIONS

The
following motions are currently pending:

1.
Motion to suppress, filed out of time by defendant on October
7, 2016 (document number 39); Motion to suppress, filed by
defendant on October 12, 2016 (document number 47)
(government response to both motions, document number 54)
(transcript of evidentiary hearing, document numbers 61, 62).
A report and recommendation will be filed this week.

2.
Motion to dismiss, filed by defendant on October 12, 2016
(document number 43) (government response, document number
50). A report and recommendation will be filed this week.

3.
Motion in limine to limit testimony and for pretrial hearing
to determine admissibility of statements under Federal Rules
of Evidence 702 and 704(b), filed by defendant on October 12,
2016 (document number 44) (government response, document
number 51).

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